Extent of
power to issue pro- clamations.
Signification of orders of the Governor,
Application
of certain previons sections.
Interfering with public
officers,
Profection of public offi- cers acting under
authority of enactment.
526
44. Where power is given to the Governor to issue a proclamation or notification, shall include the power of amending, revoking, or suspending the said proclamation or notification, and of declaring the date of its coming into force, and also of substituting another therefor.
Provided always that where any Ordinance is to come into force on a day to be fixed by proclamation, the power to issue such proclamation shall not include the power of amending, revoking or suspending the same,
45. Where power is given to the Governor to make any order or give any direction, it shall be sufficient, unless it is otherwise expressed, for such order or direction to be signified under the haud of the Colonial Secretary or of the Assistant Colonial Secretary,
This section shall not apply to the issue of any warrant by the Governor; such warrant shall be under his hand and seal.
46. Sections 43 and 14 shall apply to proclamations and notifications issued by the Governor-in-Council; and section 45 shall apply to orders and directions of the Gov- ernor-in-Council, except that the signification thereof shall be under the hand of the Clerk of the Councils,
PART VII.
Of Public Officers,
47.-(1.) Unless it is otherwise expressly provided in any Ordinance; if any person shall, by fored or violence, resist, oppose, molest, hinder, or obstruct any public officer in the performance of his duty, or any person lawfully engaged, authorised or employed in the performance of any public duty, or any person lawfully acting in aid or assistance of any such public officer or person, he shall be liable to a fine not exceeding 100 dollars, and to impri- sonment not exceeding 3 months.
(2.) The following enactments are repealed :— Ordinance No. 2 of 1885, section 6 (3).
"
No. 1 of 1903, section 25.
No. 15 of 1903, so much of section 5 as relates to obstructing and hind- ering officers.
No. 23 of 1909, section 86.
48.-(1.) Unless it is otherwise expressly provided in any Ordinance; all actions and prosecutions to be com- menced against any public officer for anything done or omitted to be done in pursuance of any enactment shall be commenced within six mouths after the act or omission, and not otherwise.
(2.) Notice in writing of such action and of the cause thereof shall be given to the defendant one month at least before the commencement of the action.
(3.) In any such action the defendant may plead the general issue, and give this Ordinance and the special matter in evidence at any trial to be had thereupon.
(4.) No plaintiff shall recover in any such action if tender of sufficient amends has been made before such action brought, or if a sufficient sum of money has been paid into Court after such action brought, by or on behalf of the defendant.
(5.) If a verdict passes for the defendant, or the plain- tiff becomes nonsuit or discontinues any such action after issue joined, or if, on demurrer or otherwise, judgment is given against the plaintiff, the defendant shall recover his full costs as between soliciter and client, and shall have the like remedy for the same as any defendant has by law in other cases; and though a verdict is given for the plain- tiff in any such action, the plaintiff Shall not have costs against the defendant unless the Judge before whom the trial is had certifies his approbation of the action. (6.) The following enactments are repeated :-
Ordinance No. 5 of 1860, section 97.
:-
No. 6 of 1865, section 58,
No. 7 of 1865, section 27. No. 3 of 1873, sections 19, 20, No. 2 of 1885, section 6 (3). No. 13 of 1884, section 11.